Fiscal Notes in Government Legislation

 
FISCAL NOTE
PREPARATION
 
Presented by
Office of Budget & Program Planning
 
budget.mt.gov/Fiscal-Notes
 
 
What is a fiscal note?
Fiscal notes are required on all bills
reported out of committee that have an
effect on revenues, expenditures, or fiscal
liability of the state, a county, or a
municipality.
(5-4-201-210, MCA)
 
What is the total processing time?
 
Day 1 –
 
presiding officer sends request and
 
OBPP contacts agencies
 
Statutory 6-day processing time
 
Days 2 – 4 
 
agencies draft fiscal note & send to OBPP
 
Days 4 – 5 
 
OBPP analyst reviews and edits
 
Day 6 – 
 
budget director signs and transmits
  
to originating house
 
 
24 hours for sponsor review
 
What if the sponsor disagrees with
the fiscal note?
 
Disagree and not sign
Meet with the OBPP analyst and/or the agency
clarify and try to have the note revised.
Submit a “Sponsor’s Rebuttal to Fiscal Note”
with Legislative Fiscal Division staff which
will be printed and distributed with the official
fiscal note.
 
Who requests fiscal notes?
 
President of the Senate
Speaker of the House
 
Who determines the need for a
fiscal note?
 
The following may notify the presiding
officer that a fiscal note is needed:
Legislative Services Division (LSD)
Standing Committee
Sponsor
Majority of members in the house in which a bill is
being considered
Agency may advise the budget office or chair of the
committee
 
Preparing  Fiscal Notes
 
Agencies are notified.
 
Primary contact for the agency is notified.
Secondary contact is notified, if the primary is
unavailable.
Confirmation of request received is 
required
.
Requests after 5:00 PM still count as day 1.
All agencies 
must
 
respond
 to the request.
 
Read the bill
 
This is the most important step.
Read, reread, and discuss with others until the
bill is absolutely clear.
Bills are available on LAWS.
Check the version of the bill to be sure you
prepare a fiscal note for the version requested.
 
Access the fiscal note template
 
Budget.mt.gov/Fiscal-Notes
Edge users must save/download a copy to their local system before editing files.
 
Access the fiscal note template
 
Select bill, title and sponsor will auto fill.
Select the status.
Select appropriate check boxes.
 
 
Fiscal note naming convention
 
Senate Bills – Sxxxxaaaa.vv
House Bills – Hxxxxaaaa.vv
 
x = bill number
  
a = agency number
   
v = version on bill in top right corner
Add “r” for revised and “dr” for dedicated revenue
 
H
0044
3501.01
 
Fiscal Analysis
 
Assumptions:
State the facts and only the facts
Short concise sentences
Use the Executive Budget to begin adjustments
Separate each assumption as you calculate the fiscal
impact
Structure assumptions to follow steps of preparation
 
Fiscal Analysis 
(continued)
 
Assumptions (continued)
Note where the numbers came from
Document source of assumptions
If bill imposes a new requirement - cite workload
measures that will be used to determine
expenditure estimate.
 
Fiscal Analysis 
(continued)
 
Fiscal Analysis 
(continued)
 
Fiscal Impact    
4 Years
FTE
Expenditures
Show expenditures at first level by program, as
presented in HB 2
Use no inflation for FY 2024 and FY 2025 and 1.5%
inflation for FY 2026 and FY 2027, if applicable
 
Fiscal Analysis 
(continued)
 
Fiscal Impact    
(continued)
Fund expenditures by revenue source
Revenues for agency by revenue source
Net Impact to Fund Balance
Show estimated impact by funding source
A positive number will indicate an increase in
the fund balance while a negative is a decrease
 
Fiscal Analysis 
(continued)
 
Keep all worksheets and supporting data
 
Why? – Consistency (between FNs)
OBPP or a Legislator may want to see them
Agency’s current use or for future reference
Similar proposals
 
Fiscal Summary – front page
 
Combines expenditures and revenues by source and states the
net impact on the general fund balance for all programs
and/or agencies.
 
Local Government
 
Explain the fiscal impact on local governments.
Significant impact – write short rationale.
Include defendable estimates, if possible.
 
Local Government 
(continued)
 
If the impact is substantial and the bill does not provide a
specific means to finance the requirements, include the
following statement:
 
“This bill may require local governments to spend
additional sums for which no specific means of financing
are provided.  Section 1-2-114, MCA, provides that bills
which have such an impact may not be introduced.”
 
(In other words, it can’t be acted upon in committee until
this issue has been resolved.)
 
 
Long-term impact
 
Complete this section ONLY when the fiscal impact
is distinctly different beyond the 2027 biennium.
 
Examples:  phased-in revenue or expenditures
or sunset
 
Long-term impact 
(continued)
 
If a dollar estimate cannot be provided make a
statement telling why.
 
Long-term effects that are not ordinarily
anticipated should be mentioned in the fiscal
note and quantified.
 
Technical Notes
 
Point out defects of the bill.
 
Examples:
revenue intended for an agency with no approp
conflicts with unamended statutes
undefined terms, etc.
 
Dedicated Revenue
 
“Dedicated Revenue Template 2025”
        
17-1-507, MCA
This serves as an analysis of the proposed
account by answering a series of questions
required by law.
 
Statutory Appropriation
 
“Statutory Appropriation Template 2025”
       
17-1-508(2), MCA
This serves as an analysis of the proposed
funding by answering a series of questions
required by law.
This will be the final assumption of your
fiscal note.
 
Agency completed fiscal note
 
What to do when agency has completed the
fiscal note:
Save fiscal note to the
 
Guest Directory/SESSION/agency folder
Notify OBPP when completed
 
JNevins@mt.gov
 
Amended Fiscal Notes
 
NEW this session
  PLEASE
Start with the Word version of the final OBPP
fiscal note:
Guest Directory/SESSION/Fiscal Notes – Word Version
Highlight where you have made changes to
the fiscal note.
 
Questions?
 
Contact the fiscal note coordinator
Jeanne Nevins (
jnevins@mt.gov
 
or 444-3616)
OR
your assigned OBPP budget analyst
OR
Nancy Hall (
nhall@mt.gov
 
or 444-4899)
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Fiscal notes are essential documents accompanying bills affecting finances of state entities. They detail revenue, expenditure, and fiscal impact, requiring a 6-day processing timeline. The need for a fiscal note may be determined by legislative services, committees, sponsors, or agencies. The process involves drafting, reviewing, and potential revisions by the Office of Budget & Program Planning (OBPP). Disagreements with fiscal notes can lead to sponsor rebuttals and official clarifications. Requesting fiscal notes typically falls to the President of the Senate or the Speaker of the House.

  • Fiscal notes
  • Legislation
  • State finances
  • OBPP
  • Government procedures

Uploaded on Sep 24, 2024 | 2 Views


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  1. Image result for clip art free dollar signs Image result for clip art free dollar signs FISCAL NOTE PREPARATION Presented by Office of Budget & Program Planning budget.mt.gov/Fiscal-Notes

  2. Image result for clip art free dollar signs Image result for clip art free dollar signs What is a fiscal note? Fiscal notes are required on all bills reported out of committee that have an effect on revenues, expenditures, or fiscal liability of the state, a county, or a municipality. (5-4-201-210, MCA)

  3. Image result for clip art free dollar signs Image result for clip art free dollar signs What is the total processing time? Statutory 6-day processing time Day 1 presiding officer sends request and OBPP contacts agencies Days 2 4 agencies draft fiscal note & send to OBPP Days 4 5 OBPP analyst reviews and edits Day 6 budget director signs and transmits to originating house 24 hours for sponsor review

  4. Image result for clip art free dollar signs Image result for clip art free dollar signs What if the sponsor disagrees with the fiscal note? Disagree and not sign Meet with the OBPP analyst and/or the agency clarify and try to have the note revised. Submit a Sponsor s Rebuttal to Fiscal Note with Legislative Fiscal Division staff which will be printed and distributed with the official fiscal note.

  5. Image result for clip art free dollar signs Image result for clip art free dollar signs

  6. Image result for clip art free dollar signs Image result for clip art free dollar signs Who requests fiscal notes? President of the Senate Speaker of the House

  7. Image result for clip art free dollar signs Image result for clip art free dollar signs Who determines the need for a fiscal note? The following may notify the presiding officer that a fiscal note is needed: Legislative Services Division (LSD) Standing Committee Sponsor Majority of members in the house in which a bill is being considered Agency may advise the budget office or chair of the committee

  8. Image result for clip art free dollar signs Image result for clip art free dollar signs Preparing Fiscal Notes

  9. Image result for clip art free dollar signs Image result for clip art free dollar signs Agencies are notified. Primary contact for the agency is notified. Secondary contact is notified, if the primary is unavailable. Confirmation of request received is required. Requests after 5:00 PM still count as day 1. All agencies mustrespond to the request.

  10. Image result for clip art free dollar signs Image result for clip art free dollar signs Read the bill This is the most important step. Read, reread, and discuss with others until the bill is absolutely clear. Bills are available on LAWS. Check the version of the bill to be sure you prepare a fiscal note for the version requested.

  11. Image result for clip art free dollar signs Image result for clip art free dollar signs Access the fiscal note template Budget.mt.gov/Fiscal-Notes Edge users must save/download a copy to their local system before editing files.

  12. Image result for clip art free dollar signs Image result for clip art free dollar signs Access the fiscal note template Select bill, title and sponsor will auto fill. Select the status. Select appropriate check boxes.

  13. Image result for clip art free dollar signs Image result for clip art free dollar signs Fiscal note naming convention Senate Bills Sxxxxaaaa.vv House Bills Hxxxxaaaa.vv x = bill number a = agency number v = version on bill in top right corner Add r for revised and dr for dedicated revenue H00443501.01

  14. Image result for clip art free dollar signs Image result for clip art free dollar signs Fiscal Analysis Assumptions: State the facts and only the facts Short concise sentences Use the Executive Budget to begin adjustments Separate each assumption as you calculate the fiscal impact Structure assumptions to follow steps of preparation

  15. Image result for clip art free dollar signs Image result for clip art free dollar signs Fiscal Analysis (continued) Assumptions (continued) Note where the numbers came from Document source of assumptions If bill imposes a new requirement - cite workload measures that will be used to determine expenditure estimate.

  16. Image result for clip art free dollar signs Image result for clip art free dollar signs Fiscal Analysis (continued)

  17. Image result for clip art free dollar signs Image result for clip art free dollar signs Fiscal Analysis (continued) Fiscal Impact 4 Years FTE Expenditures Show expenditures at first level by program, as presented in HB 2 Use no inflation for FY 2024 and FY 2025 and 1.5% inflation for FY 2026 and FY 2027, if applicable

  18. Image result for clip art free dollar signs Image result for clip art free dollar signs Fiscal Analysis (continued) Fiscal Impact (continued) Fund expenditures by revenue source Revenues for agency by revenue source Net Impact to Fund Balance Show estimated impact by funding source A positive number will indicate an increase in the fund balance while a negative is a decrease

  19. Image result for clip art free dollar signs Image result for clip art free dollar signs Fiscal Analysis (continued) Keep all worksheets and supporting data Why? Consistency (between FNs) OBPP or a Legislator may want to see them Agency s current use or for future reference Similar proposals

  20. Image result for clip art free dollar signs Image result for clip art free dollar signs Fiscal Summary front page Combines expenditures and revenues by source and states the net impact on the general fund balance for all programs and/or agencies.

  21. Image result for clip art free dollar signs Image result for clip art free dollar signs Local Government Explain the fiscal impact on local governments. Significant impact write short rationale. Include defendable estimates, if possible.

  22. Image result for clip art free dollar signs Image result for clip art free dollar signs Local Government (continued) If the impact is substantial and the bill does not provide a specific means to finance the requirements, include the following statement: This bill may require local governments to spend additional sums for which no specific means of financing are provided. Section 1-2-114, MCA, provides that bills which have such an impact may not be introduced. (In other words, it can t be acted upon in committee until this issue has been resolved.)

  23. Image result for clip art free dollar signs Image result for clip art free dollar signs Long-term impact Complete this section ONLY when the fiscal impact is distinctly different beyond the 2027 biennium. Examples: phased-in revenue or expenditures or sunset

  24. Image result for clip art free dollar signs Image result for clip art free dollar signs Long-term impact (continued) If a dollar estimate cannot be provided make a statement telling why. Long-term effects that are not ordinarily anticipated should be mentioned in the fiscal note and quantified.

  25. Image result for clip art free dollar signs Image result for clip art free dollar signs Technical Notes Point out defects of the bill. Examples: revenue intended for an agency with no approp conflicts with unamended statutes undefined terms, etc.

  26. Image result for clip art free dollar signs Image result for clip art free dollar signs Dedicated Revenue Dedicated Revenue Template 2025 This serves as an analysis of the proposed account by answering a series of questions required by law. 17-1-507, MCA

  27. Image result for clip art free dollar signs Image result for clip art free dollar signs Statutory Appropriation Statutory Appropriation Template 2025 This serves as an analysis of the proposed funding by answering a series of questions required by law. This will be the final assumption of your fiscal note. 17-1-508(2), MCA

  28. Image result for clip art free dollar signs Image result for clip art free dollar signs Agency completed fiscal note What to do when agency has completed the fiscal note: Save fiscal note to the Guest Directory/SESSION/agency folder Notify OBPP when completed JNevins@mt.gov

  29. Image result for clip art free dollar signs Image result for clip art free dollar signs Amended Fiscal Notes NEW this session PLEASE Start with the Word version of the final OBPP fiscal note: Guest Directory/SESSION/Fiscal Notes Word Version Highlight where you have made changes to the fiscal note.

  30. Image result for clip art free dollar signs Image result for clip art free dollar signs Questions? Contact the fiscal note coordinator Jeanne Nevins (jnevins@mt.gov or 444-3616) OR your assigned OBPP budget analyst OR Nancy Hall (nhall@mt.gov or 444-4899)

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